Sec. 823. Rates for progress payments or performance-based payments
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/bill/116/s/1790/eah/section-823A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2307(a) of title 10, United States Code, is amended by inserting the following new paragraph: Except as provided in subsection (g), the Secretary of Defense shall not establish a rate for progress payments or a rate for performance-based payments that is lower than the rate for progress payments or a rate for performance-based payments, as applicable, established by another head of an agency. . Section 2307(a)(1) of title 10, United States Code, is amended in the matter preceding subparagraph
(A)by striking The head of any agency may and inserting The head of an agency . may— The Secretary of Defense may not issue rules to revise the rate for progress payments or the rate for performance-based payments unless the Secretary provides the congressional defense committees with a notice of determination of need for such revision. This notice shall include— a justification, including the data and analysis supporting the justification, for the revision; and an assessment of how the revision will create a more effective acquisition process and benefit the defense industrial base. The Secretary shall publish the notice required by paragraph
(1)in the Federal Register not later than five business days after providing such notice to the congressional defense committees.